Patna High Court
Gorakh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the case may be dismissed as withdrawn upon the petitioner's death.
Summary
The petitioner, Gorakh Mukhiya, was the accused in Criminal Miscellaneous No.4327 of 2026 arising from PS case No.315 of 2024 in Nautan, West Champaran. During the proceedings, counsel informed the court that the petitioner had died. The petitioner’s counsel sought permission to withdraw the case on account of the death. The learned judge considered whether the death of the petitioner justified dismissal of the criminal proceeding. Finding no impediment, the court granted permission to withdraw. Consequently, the case was dismissed as withdrawn.
Issues considered
- Whether a criminal proceeding may be dismissed as withdrawn upon the death of the petitioner?
Subjects
- withdrawal of criminal case
- death of petitioner
- dismissal as withdrawn
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4327 of 2026
Arising Out of PS. Case No.-315 Year-2024 Thana- NAUTAN District- West Champaran
======================================================
Gorakh Mukhiya Son of Late Lakhan Mukhiya R/O Village - Budhwaliya,
P.S.- Nautan, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Learned counsel for the petitioner has submitted that
the petitioner has died. As such, he may be permitted to
withdraw this case.
2. Permission accorded.
3. Accordingly, this case is dismissed as withdrawn.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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